Anmeldung von Verträgen der Wasserwirtschaft

The conclusion, amendment and supplementation of water management contracts within the meaning of Section 31 I No. 1, 2 or 4 ARC, according to which

1. companies in the water supply industry commit themselves to each other or such an undertaking undertakes vis-à-vis a local authority to refrain from a public water supply via fixed pipes in a certain area (territorial protection or demarcation contract) or
2. a local authority undertakes to permit the laying and operation of pipes on or under public roads for an existing or intended supply of drinking water in the territory of the local authority exclusively to a specific water supply undertaking (water concession contract), or
3. an agreement is concluded between several undertakings in the water supply industry, insofar as they pursue the purpose of making certain supply services available to one or more supply undertakings via fixed pipeline routes exclusively for the purpose of carrying out the public supply (joint agreement)

require complete notification to the competent state antitrust authority in order to be effective, Section 31a ARC.

The companies involved in the agreement are obliged to register/register via their respective bodies authorised to represent or the local authorities via the respective mayor/head of the municipality.

1. Copy of signed water concession contract
2. Information about:

a. Company name or other designation

b. Place of establishment and registered office

c. Legal form and address

d. Name and address of the appointed representative or other authorised representative, in the case of legal persons of the legal representative

Point 2 applies to each company involved.

• Complete notification of a water management contract in accordance with Section 31 (1) Nos. 1, 2 and 4 GWB by sending the present contract or contracts
• Disclosure of the information referred to in Section 31a (1) sentence 2 ARC
   

According to the fee table of the Landeskartellbehörde at the Ministry responsible for economic affairs, the amount of the total fee for the notification is determined by the economic importance of the matter, which in turn depends on the number of inhabitants in the local authority concerned, plus a lump sum for the material and personnel expenses of the Landeskartellbehörde.

The currently valid fee table applies.

• Written notification to the state antitrust authority at the ministry responsible for economic affairs
• Issuance of a decision after antitrust review

none

Registration, amendment, amendment or deregistration of water management contracts with the state antitrust authority at the Ministry of Economic Affairs of the State of Brandenburg pursuant to Section 31a GWB

State Cartel Authority at the Ministry of Economic Affairs

landeskartellbehoerde@mwae.brandenburg.de

Fax: +49 331 866 1671

Currently: none

In perspective: increased data security is required, as

1. personal data and
2. Trade and business secrets

would have to be submitted/processed in an online form.